The Chapter 13 Process-Part 11

11 Oct The Chapter 13 Process-Part 11

Ok, the bankruptcy is over; you’ve received your discharge and the case is closed. Are we done yet? Hopefully. Unfortunately, issues arise out of the bankruptcy that continue past the closing of the case.

Sometimes creditors don’t understand what a discharge is, and begin again to harass you for payment. This is a violation of all kinds of laws, including the injunction in bankruptcy (11 USC 524) and often the Fair Debt Collection Practices Act (FDCPA). There are often state laws which will also protect you from wrongful collection practices.

Additionally, your mortgage company might assess bankruptcy or other charges because of the Chapter 13. They are limited by federal law as to what they can add on to what you owe, so check with your attorney when you get your first statement from them after completion of the plan.

Finally, don’t let anyone discriminate against you because you’ve filed bankruptcy. There are specific provisions of the code making that unlawful. Anyone that refuses to give you credit, charges you a premium or simple won’t deal with you because of the bankruptcy may be in violation. Check with your attorney.

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Douglas Jacobs is a California bankruptcy attorney and partner in the Chico law firm of Jacobs, Anderson, Potter & Chaplin. Since 1988, Mr. Jacobs has taught Constitutional law and Debtor-Creditor/Bankruptcy law at the Cal Northern School of Law. He has served as Dean of Students since 1994. He is a frequent lecturer on the subject of consumer bankruptcy law, and has spoken at both state and national levels.
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